Why in News?

• There are casual vacancies created in the Legislative Council of Andhra Pradesh, Telangana, Rajasthan and Uttar Pradesh.

Casual Vacancy:

• When the seat of a member elected to a legislative house becomes vacant, due to resignation, death, etc. Then this causes casual vacancy and a bye-election is held within six months from the date of the occurrence of the vacancy.

Legislative Councils:

• Our constitution does not force a bicameral legislature on states.
• It gives states the option of having a second House. As of today, seven states have Legislative Councils. These are Jammu and Kashmir, Bihar, Uttar Pradesh, Maharashtra, Karnataka, Andhra Pradesh and Telangana.
• Under Article 169 of the constitution, Parliament may by law create or abolish the second chamber in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority.

Election to Legislative Councils:

• Membership may vary, but the Legislative Council must not have more than a third of the total membership of the Assembly of that state, and in no case fewer than 40 members.
• The exception is J&K, where the Legislative Council has 36 members vide Section 50 of the constitution of the state.
• About 1/3rd of members are elected by members of the Assembly
• another 1/3rd by electorates consisting of members of municipalities, district boards and other local authorities in the state
  1/12th by an electorate consisting of teachers and 1/12th by registered graduates
• The remaining members are nominated by the Governor from among those who have distinguished themselves in literature, science, art, the cooperative movement, and social service.
• Legislative Councils are permanent Houses, and like Rajya Sabha, one-third of their members retire every two years.